BlackletterCalifornia law

CHAPTER 5. Manner and Conduct of Arbitration [1297.181. - 1297.273.]

Chapter 5 added by Stats. 1988, Ch. 23, Sec. 1.

§§ 1297.181–1297.273 · 33 sections

  1. ARTICLE 1. Equal Treatment of Parties § 1297.181 · 1 section
    • § 1297.181 The parties shall be treated with equality and each party shall be given a full opportunity to present his or her case.
  2. ARTICLE 1.5. Representation by Foreign and Out-of-State Attorneys §§ 1297.185–1297.189 · 5 sections
    • § 1297.185 For purposes of this article, a “qualified attorney” means an individual who is not admitted to practice law in this state but is all of the following: (a)…
    • § 1297.186 (a) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, a qualified attorney may provide legal services in an…
    • § 1297.187 A qualified attorney rendering legal services pursuant to this article shall not appear in a court of this state unless he or she has applied for and received…
    • § 1297.188 (a) A qualified attorney rendering legal services pursuant to this article is subject to the jurisdiction of the courts and disciplinary authority of this…
    • § 1297.189 The Supreme Court may issue rules implementing this article.
  3. ARTICLE 2. Determination of Rules of Procedure §§ 1297.191–1297.193 · 3 sections
    • § 1297.191 Subject to this title, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
    • § 1297.192 Failing any agreement referred to in Section 1297.191, the arbitral tribunal may, subject to this title, conduct the arbitration in the manner it considers…
    • § 1297.193 The power of the arbitral tribunal under Section 1297.192 includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
  4. ARTICLE 3. Place of Arbitration §§ 1297.201–1297.203 · 3 sections
    • § 1297.201 The parties may agree on the place of arbitration.
    • § 1297.202 Failing any agreement referred to in Section 1297.201, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances…
    • § 1297.203 Notwithstanding Section 1297.201, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for…
  5. ARTICLE 4. Commencement of Arbitral Proceedings § 1297.211 · 1 section
    • § 1297.211 Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to…
  6. ARTICLE 5. Language §§ 1297.221–1297.224 · 4 sections
    • § 1297.221 The parties may agree upon the language or languages to be used in the arbitral proceedings.
    • § 1297.222 Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
    • § 1297.223 The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or…
    • § 1297.224 The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties…
  7. ARTICLE 6. Statements of Claim and Defense §§ 1297.231–1297.233 · 3 sections
    • § 1297.231 Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim,…
    • § 1297.232 The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will…
    • § 1297.233 Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless…
  8. ARTICLE 7. Hearings and Written Proceedings §§ 1297.241–1297.245 · 5 sections
    • § 1297.241 Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument,…
    • § 1297.242 Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate state of the proceedings,…
    • § 1297.243 The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents,…
    • § 1297.244 All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other…
    • § 1297.245 Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera.
  9. ARTICLE 8. Default of a Party §§ 1297.251–1297.253 · 3 sections
    • § 1297.251 Unless otherwise agreed by the parties, where, without showing sufficient cause, the claimant fails to communicate his or her statement of claim in accordance…
    • § 1297.252 Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate his or her statement of defense in…
    • § 1297.253 Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence,…
  10. ARTICLE 9. Expert Appointed by Arbitral Tribunal §§ 1297.261–1297.262 · 2 sections
    • § 1297.261 Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the…
    • § 1297.262 Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or…
  11. ARTICLE 10. Court Assistance in Taking Evidence and Consolidating Arbitrations §§ 1297.271–1297.273 · 3 sections
    • § 1297.271 The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the superior court assistance in taking evidence and the court…
    • § 1297.272 Where the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations…
    • § 1297.273 Nothing in this article shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any…